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Bombay High Court

JAMILBEE SHAIKH HABIB.versusSHAIKH NAZIR SHAIKH KASAM (HASAN) DIED THROUGH LRS SHAIKH BASHEER SHAIKH NASIR HASAN AND OTHERS

Disposal
APPLICATION ALLOWED

Holding

The court held that, owing to the appellant’s age and the urgency, the appeal should be heard expeditiously and an interim injunction restraining the respondents from creating third‑party interest in the suit properties was granted.

Summary

The applicant, Jamilbee Shaikh Habib, filed a civil application seeking an early hearing date for his appeal and an amendment within a week. He also requested an interim injunction to prevent the respondents from creating third‑party interests in the suit properties. The court considered the applicant’s advanced age and the urgency of the matter. It granted leave to amend the pleadings and ordered that the appeal be listed for hearing on 7 October 2026. An interim injunction was also granted restraining the respondents from creating any third‑party interest in the suit properties until the next hearing date. The application was allowed and disposed of.

Issues considered

  • Whether the appeal should be listed for an early hearing date
  • Whether an interim injunction should be granted to restrain the respondents from creating third‑party interest in the suit properties

Subjects

  • interim injunction
  • early hearing
  • civil procedure
  • amendment
  • third‑party interest

Judgment

                                       1                         948 ca.11229.26.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
               948 CIVIL APPLICATION NO. 11229 OF 2026
                            IN SA/144/1995

                         JAMILBEE SHAIKH HABIB
                                  VERSUS
SHAIKH NAZIR SHAIKH KASAM (HASAN) DIED THROUGH LRS SHAIKH
            BASHEER SHAIKH NASIR HASAN AND OTHERS
                                     ...
Advocate for Applicant : Mr. Prassana N. Kutti.
Advocate for Respondent No.1 : Mr. D. B. Rode.
                                     ...

                              WITH
                   SECOND APPEAL NO. 144 OF 1995
                               ...


                                CORAM : SANJAY A. DESHMUKH, J.
                                DATE       :   29th September, 2026.

P.C.:

1       Leave to amend. Amendment be carried out within one week

from today.


2       This is an application for fixing an early date of hearing of the

appeal.


3       Perused the application. Heard the learned Advocates for the

applicant and respondent No.1.


4       Considering the age of the applicant/appellant, it would be

proper to hear this appeal as expeditiously as possible and, in any

case, in the next month.
                                             2                         948 ca.11229.26.odt



      5     For the reasons stated in the application, the application is

      allowed and disposed of.


      6     The learned Advocates for both the sides are directed to argue

      the appeal on the next date.


      7     The learned counsel for the applicant/appellant pointed out that

      the respondents are trying to create third-party interest in the suit

      properties. He, therefore, prayed for granting an interim injunction that

      the respondents shall not create third-party interest in the suit

      properties.


      8     Considering the submissions of the learned counsel for the

      appellant/applicant and the urgency, ad-interim relief is granted that till

      the next date the respondents shall not create third-party interest in the

      suit properties.


      9     List the appeal on 7th October, 2026, first in the 10:30 am

      category.



                                             [ SANJAY A. DESHMUKH, J. ]
nga


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